The head of the High Court of Cassation and Justice (ÎCCJ), Lia Savonea, criticized on Friday the move by Prime Minister Ilie Bolojan to send a letter to the Constitutional Court, claiming that the prime minister's warning regarding the loss of European funds in the event of a solution of the unconstitutionality of the magistrates' pension law represents "an interference incompatible with the principle of the separation of powers in the state."
Prime Minister Ilie Bolojan sent a letter to the Constitutional Court on Friday, in which he draws attention to the fact that, in the event that the CCR postpones the pronouncement of a decision on the magistrates' pension law, there is a "very high" probability that Romania will lose funds from the National Recovery and Resilience Plan (PNRR).
In response, Lia Savonea claims that the prime minister's move violates the principle of separation of powers in the state.
"In exercising the constitutional powers vested in the High Court of Cassation and Justice and considering the fundamental role of justice in a state governed by the rule of law, we express serious concern regarding the content and significance of the letter you addressed to the President of the Constitutional Court of Romania on February 6, 2026. The explicit warning regarding the loss of European funds in the event of a solution of unconstitutionality, as well as the implicit request that the constitutional court take into account financial consequences external to the act of constitutional justice, represents an interference incompatible with the principle of separation of powers in the state. "The argument according to which a possible finding of the unconstitutionality of the draft law on magistrates' pensions would automatically lead to the loss of funds from the PNRR is, from a legal point of view, inaccurate. The conditionality assumed by Romania within the PNRR in the matter of service pensions has already been addressed by previously adopted legislation, and the direct and exclusive link between the amounts invoked and the draft law subject to constitutional review is not supported by the applicable European regulatory framework," a statement signed by Lia Savonea states.
This draws attention to the fact that the Constitutional Court is not part of the process of implementing government policies and speaks of an "attempt to influence a constitutional court".
"The Constitutional Court is not part of the process of implementing government policies nor an instrument for validating the financial objectives of the Executive. Its only role is to guarantee the supremacy of the Constitution, and its decisions must be the exclusive result of legal analysis, not of considerations of political or budgetary expediency. Invoking art. 148 of the Constitution cannot justify the exercise of pressure, even indirect, on a jurisdictional authority. The independence of the judiciary is not an obstacle to Romania's European commitments, but one of their essential conditions. Any approach that may be perceived as an attempt to influence a constitutional court risks causing serious damage to the credibility of state institutions and public confidence in its democratic functioning. In a genuine state of law, dialogue between authorities cannot take the form of pressure, and respect for the Constitution cannot be conditioned by considerations of financial," added Savonea.
In conclusion, the head of the High Court of Justice invites Prime Minister Ilie Bolojan to publicly reaffirm the Government's attachment to the principle of judicial independence and to avoid, in the future, "any action likely to be interpreted as interference in the activity of the jurisdictional authorities".
Prime Minister Ilie Bolojan sent a letter to the Constitutional Court on Friday, stating that postponing the decision on magistrates' pensions could lead to the loss of 230 million euros from PNRR funds.
On February 11, the Constitutional Court is scheduled to hold a new session to debate the Bologna Government's project on the reform of magistrates' pensions. The last two sessions were boycotted by the four judges proposed by the PSD to the Constitutional Court - Cristian Deliorga, Gheorghe Stan, Bogdan Licu and Mihai Busuioc.
The High Court of Cassation and Justice is the institution that notified the Constitutional Court regarding this draft law.
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